Loan taken out in my name without my knowledge

Kazipoo

But once again.... banks are just not in the business of handing over loan agreements, filled in with someone elses details for you to just take away and sign.... how can this happen??? I think there is a strong smell around here guys!

vaporate

Impossible. You would have to have signed the agreement.

I bet that you signed it unwillingly or not knowing the full details for some reason and now feel hard done by. Or for other personal reasons.

flyingscotno1

Kazipoo wrote: »

But once again.... banks are just not in the business of handing over loan agreements, filled in with someone elses details for you to just take away and sign.... how can this happen??? I think there is a strong smell around here guys!

It could be that said ex isn't telling the whole story about being in branch- there is a possibility that it can be taken out online where they send you the loan paperwork and then you post back surely?

Bobl

So many people taken the grumpy pill this morning!

In answer to the questions
1. The Bank will have difficulty enforcing the loan if they cannot find the original paperwork with your signature (or a signature that looks like yours).
2. If they can find the paperwork and the signature looks like yours then you are responsible, and the only way you will get out of it is if you can prove it was a false signature.

Ask the Bank for a copy of the original agreement, and ask them also to suspend the repayments until they provide it.

If they do provide the original agreement and it is not your signature; go to the police.

Kimitatsu

If you have signed for the loan (under whatever pretext) then the loan could be enforcable regardless of whether the bank can find the paperwork or not - there was a case recently about this and the court ruled in favour of the bank because the spirit of the agreement was that the money should be paid back. You can find details here:
http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6868968.ece


If you have reason to feel that this has been fraud, then you need to inform the police and inform the bank, if this has been fraud then the bank has no comeback on you.

Surely the bank has a start date for the loan? From what you have said I am assuming that this is a joint loan, as I cannot imagine that any branch would accept you not being there, or as someone has said if it has been done via the post. Some more details would be useful in being able to give you realistic advice

zzzLazyDaisy

If the loan was taken out in your name, then the money would have been paid into a bank account in your name, or at the very least a joint bank account, so you would have been aware that the money had appeared in the account from somewhere.

Either you signed the papers applying for the loan, or your OH forged your signature. You need to contact the bank's fraud department and explain what has happened, they will carry out an investigation and may contact the police themselves.

pippitypip_2

Indeed - where did the money get deposited to (account in whose name?) and whose account are the repayments leaving from?

If you're reticent about reporting your ex to the police and trying to find alternative options - I think you're barking up the wrong tree..

The only way you won't be liable, (if it's in your name only AND if it was indeed taken out without your knowledge or signature) is to report it to the police..

pippitypip

olly300

Also if your ex has defaulted on the payments but you agreed to take the loan out in your name and he would pay for it, then you:
1. Need to pay the loan to avoid ruining your credit file.
2. Take your ex to the small claims court to get the money that you are paying back from him.

Small claims courts are use to this kind of arrangement, and as long as you have a trail through your banks statements that this was the arrange i.e. he paid you and you paid the loan then you can do this.

RobertoMoir

stuang wrote: »

Hi,
I have a loan in my name that my ex has taken out whilst we were together. I found out about it once we seperated.
I have asked the bank for a copy of the credit agreement, which at present they can't find, and I do not have any paperwork.
Talking to my ex he said that the bank told him to take the paperwork home and get me to sign for it when he applied.
Questions
If the bank can't find the paperwork, is the loan enforcable?
Have I been misold this loan, bearing in mind, I had no knowledge of this loan.
Any help gratefully recieved

How can you be "mis-sold" a loan when you've never been sold a loan?

This is fraud, pure and simple, and should be treated as such.